BFI Transcript 1

COMMONWEALTH OF VIRGINIA, ex rel . vs. SECURITY TRUST MORTGAGE, LLC
Proceedings on 09/11/2013 Page 38
1 estoppel can apply because the facts are, by
2 definition, in this instance, not the same .
3 HEARING EXAMINER : Thank you .
4 Ms . Johnston .
5 MS . JOHNSTON : Your Honor, the Bureau
6 would reply that they are the same . McDonald was
7 just here last year litigating a different MOL
8 application, which was denied by the Commissioner .
9 A formal hearing was held on the matter, and the
10 Commission affirmed the Commissioner's decision on
11 July the 6th of 2012 .
12 Four short months later, McDonald applied
13 for an MLO application . Again, it involves the same
14 parties as McDonald 1, the BFI 2012-0003, McDonald
0
15 and the Bureau . It's a subsequent proceeding and a
16 different proceeding, both applications for MLO
17 licenses .
18 McDonald is attempting to relitigate the
19 same factual and legal questions that were at issue,
20 specifically financial responsibility, character,
21 and general fitness for licensure as an MLO . He has
22 not proven any facts or provided any facts that
23 would show that these are different arguably for
24 financial responsibility . But it's a three-part
25 test, and you have to meet all three for licensure .
Huseby, Inc .
www.huseby.com
4860 Cox Road, Suite 200, Glen Allen, VA 23060 (804) 755-4200
is